Bifalgorithm post · Property · 2.03[E]. The same is true of all facts

Copyright Purpose

Copyright Purpose (Property · 2.03[E]. The same is true of all facts) — "It may seem unfair that much of the fruit of the compiler’s labor may be used by other…

Ideas in this flowchart

  • Copyright balances limited author protection with the free use of ideas and facts to advance science and art.
  • It may seem unfair that others can use much of a compiler’s labor without compensation.
  • Justice Brennan describes this free use as the essence of copyright, not an unforeseen byproduct.
  • Permitting others to build on protected works is also a constitutional requirement.
  • Copyright’s primary objective is to promote the progress of science and useful arts.
  • The idea/expression and fact/expression dichotomy applies to all works of authorship.
  • For factual compilations, protection concerns original selection or arrangement rather than the underlying facts.
  • Facts are not original and therefore cannot be copyrighted, whether alone or in a compilation.
  • A compilation qualifies for copyright only when its selection or arrangement is original, and protection is limited accordingly.
  • Authors retain rights in their original expression.
  • Others may freely build upon the ideas and information conveyed by a work.
  • Copyright can never extend to the facts themselves.
  • This result is neither unfair nor unfortunate; it is how copyright advances science and art.
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Copyright Purpose

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Property

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"It may seem unfair that much of the fruit of the compiler’s labor may be used by others without compensation. As Justice Brennan has correctly observed, however, this is not “some unforeseen byproduct of a statutory scheme.” It is, rather, “the essence of copyright,” and a constitutional requirement. The primary objective of copyright is not to reward the labor of authors, but “[t]o promote the Progress of Science and useful Arts.” To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This principle, known as the idea/expression or fact/expression dichotomy, applies to all works of authorship. As applied to a factual compilation, assuming the absence of original written expression, only the compiler’s selection and arrangement may be protected; the raw facts may be copied at will. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art. Copyright treats facts and factual compilations in a wholly consistent manner. Facts, whether alone or as part of a compilation, are not original and therefore may not be copyrighted. A factual compilation is eligible for copyright if it features an original selection or arrangement of facts, but the copyright is limited to the particular selection or arrangement. In no event may copyright extend to the facts themselves."

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